Boominathan v. The Inspector Of Police

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT ( Criminal Jurisdiction ) Thursday, the Twentieth day of October Two Thousand Sixteen PRESENT The Hon`ble Mr.Justice A.M.BASHEER AHAMED CRL MP(MD) No.10161 of 2016 IN CRL RC(MD) No.716 of 2016 BOOMINATHAN ... APPELLANT/SOLE ACCUSED Vs STATE REP BY THE INSPECTOR OF POLICE DEVAKOTTAI TOWN POLICE STATION, SIVAGANGAI DISTRICT, CRIME NO. 306/2014 ... RESPONDENT/COMPLAINANT Petition praying that in the circumstances stated therein and in the petition filed therewith the High Court will be pleased to Suspend the sentence of Imprisonment imposed by the learned Fast Track Mahila Court Sivagangai in C.A No. 31 of 2015 dated 10.08.2016 for having and enlarge the Petitioner /Appellant on bail, pending disposal of the above said Criminal Revision Petition.

Order : This petition coming on for orders upon perusing the petition filed in support thereof and upon hearing the arguments of M/S.S.PUGALENDHI, Advocate for the petitioner and of MR.P.KANDASAMY, Government Advocate, the court made the following order:- The petitioner challenges the legality and propriety of the conviction and sentence recorded by the Trial Court as well as by the Appellate Court.

2. The revision petitioner is an accused in C.C.No.91 of 2014, on the file of the learned Judicial Magistrate, Devakottai.

3. In the said Court, the petitioner has been convicted and sentenced as under:

Conviction Sentence Section 392 I.P.C.

2 Years R.I., and a fine of Rs.1000/- in default to under go 1 month simple imprisonment.

4. The learned Fast track Mahila Court, Sivagangai, confirmed the

conviction and sentence and dismissed the Criminal Appeal No.31 of 2016.

5. The learned counsel for the petitioner submitted that there are very many legal infirmities in the conviction recorded by the Trial Court and by the Appellate Court and they are required to be revised. There is prima facie case in favour of the petitioner. He would further submit that the fine amount was paid.

6. The learned Government Advocate (Criminal Side) submitted that the Trial Court as well as the Appellate Court have rightly convicted and appropriately punished the revision petitioner. There is no prima facie case in favour of the petitioner/appellant.

7. I have anxiously considered the rival submissions, perused the averments in the bail petition, impugned Judgment and the relevant evidence on record.

8. Perusing the impugned judgments and the materials on record, I am of the view that certain eminently arguable points are involved in this criminal revision. They are required to be examined in detail in the main criminal revision. It will take some time for the disposal of this criminal revision. Further, the petitioner was on bail in the Trial Court. I see prima facie case. I am inclined to grant revision bail to the petitioner.

9. In view of the foregoings, ordered as under: (i) Revision bail granted.

(ii) Sentence of imprisonment ordered by the Trial Court as confirmed by the Appellate Court alone is suspended. (iii) There shall be two sureties, they and the petitioner shall execute a bond for Rs.15,000/- (Rupees fifteen thousand only) each to the satisfaction of the learned Fast Track Mahila Court, Sivagangai.

(iv) The petitioner shall appear before the said Court on the first working day of every month at 10.30 a.m., until further orders.

sd/- 20/10/2016 / TRUE COPY / Sub-Assistant Registrar (C.S.) Madurai Bench of Madras High Court, Madurai - 625 023.

TO 1 THE JUDICIAL MAGISTRATE, DEVAKOTTAI, SIVAGANGAI DISTRICT 2 THE CHIEF JUDICIAL MAGISTRATE SIVAGANGAI DISTRICT 3 THE JUDGE, FAST TRACK MAHILA COURT, SIVAGANGAI 4 THE INSPECTOR OF POLICE DEVAKOTTAI TOWN POLICE STATION, SIVAGANGAI DISTRICT, 5 THE ADDITIONAL PUBLIC PROSECUTOR, MADURAI BENCH OF MADRAS HIGH COURT, MADURAI.

+1. C.C. to M/S.S.PUGALENDHI Advocate SR.No.61853

ORDER

IN CRL MP(MD) No.10161 of 2016 IN CRL RC(MD) No.716 of 2016 Date :20/10/2016 SMA/EM-MPA/SAR-I/21.01.2016:3P/7C